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HomeMy WebLinkAboutBy-law 2118/85THE CORPORATION OF THE TOWN OF PICKERING DY-LAW NUMDER 2118/85 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the Town of Picketing District Planning Area, Region of Durham, in Part Lot 17, Concession and Part Lots 10 to 15 inclusive, Plan 469, in the Town of Picketing. (A ~7/78; 18T-78043(R)) WHEREAS the Council of the Corporation of the Town of Picketing deems it desirable to permit the development of detached residential dwelling units, a neighbourhood park and light industrial uses, to occur on the subject lands being Part Lot 17, Concession 1 and Part Lots 10 to 15 inclusive, Plan 469. AND WHEREAS an amendment to By-law 3036, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS: SCHEDULE "I" Schedule "I" attached hereto with notations and references shown thereon is hereby declared to be part of this By-law. AREA RESTRICTED The provisions of this By-iaw shai1 appiy to those lands in Part Lot 17, Concession 1 and Part Lots 10 to 15 inclusive, 469, Picketing, designated "S2", "S3", "S4", "NP" and "M1-4" on Schedule "I" attached hereto. 3. GENERAL PROVISIONS No building, land or part thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conformity with the provisions of this By-law. Plan 4. DEFINITIONS In this By-law, (1) "Dry Cleanin~ Establishment" shall mean a building or part of a building used for dry cleaning and related processes but does not include a laundromat. (2) (a) "Dwelling" shall mean a building or part of a building containing one or more dwelling units, but does not include a mobile home or trailer; continued... 2 3) (b) "Dwelling Unit" shall mean one or more habitable rooms occupied or capable of being occupied as a single, independent and separate housekeeping unit containing a separate kitchen and sanitary facilities; (c) "Dwellin~ ~in61e or ,~i,n61e Dwelling" shall mean a dwelling containing one dwelling unit and uses accessory thereto; (d) "Dwelling, Detached or Detached Dwelling" shall mean a single dwelling which is freestanding, separate and detached from other main buildings or structures; (a) "Floor Area" shall mean the area of the floor surface contained within the outside walls of a storey or part of @ storey; (b) "Gross Floor Area Residential" shall mean the aggregate of the floor areas of all storeys of all buildings or structures~ used for residential purposes, other than a private garage, an attic or a cellar; "Food Preparation Plant" shall mean a building or part of a building in which processed food products are cooked, baked, mixed, packaged or otherwise prepared for distribution to retail or institutional outlets. a) "Lot" shall mean an area of land fronting on a street which is used or intended to be used as the site of a buildingt or a group of buildings, as the case may be, together with any accessory buildings or structures, or a public park or open space area, regardless of whether or not such lot constitutes the whole of a lot or block on a registered plan of subdivision; b) "Lot Coverage" shall mean the percentage of lot area covered by all buildings on the lot; "Lot Frontage" shall mean the width of a lot between the side lot lines measured along a line parallel to and 7.5 metres distant from the front lot line; (a "Manufacturing Plant" shall mean a building or part of a building in which is carried on any activity or operation pertaining to the making of any article, and which shall include altering, assembling, poiishing, washing, packing, adapting for sale, breaking up or demolishing the said article. (b "Light Manufacturing Plant" shall mean a manufacturing plant used for: (i) the production of apparel and finished textile products other than the production of synthetic fibres; ii) printing or duplicating; (iii) the manufacture of finlshed paper other than the processing of wood pulp; continued... 3 (7) (8) (9) (10) (11) (iv) the production of cosmetics, drugs and other pharmaceutical supplies; or (v) the manufacture of finished lumber products, light metal products, electronic products~ plastieware, porcelain, earthenware, glassware~ or similar articles, including but not necessarily restricted to, furniture, housewares, toys, musical instruments, jewellery, watches, precision instruments, radios and electronic components. "Nei~hbourhood Park" shall mean a municipal public park; "Private Garage" shall mean an enclosed or partially enclosed ~tructure for the storage of one or more vehicles, in which structure no business or service is conducted for profit or otherwise; "Scientific, Research or Medical Laboratory" shall mean a building or part of a building wherein scientific, research or medical experiments or investigations are systematically conducted, and where drugs, chemicals, glassware or other substances or articles pertinent to such experiments or investigations may be manufactured or otherwise prepared for use on the premises. "Warehouse" shall mean a building or part of a building which is used primarily for the housing, storage, adapting for sale, packaging, or wholesale distribution of goods, wares, merchandise, food-stuffs, substances, articles or things, and includes the premises of a warehouseman but shall not include a fuel storage tank except as an accessory use. (a) "Yard" shall mean an area of land which is appurtenant to and located on the same lot as a building or structure and is open, uncovered and unoccupied above ground except for such accessory buildings, structures, or other uses as are specifically permitted thereon; (b) "Front Yard" shall mean a yard extending across the full width of a lot between the front lot line of the lot and the nearest wall of the nearest main building or structure on the lot; (c) "Front Yard Depth" shall mean the shortest horizontal dimension of a front yard of a lot between the front lot line and the nearest wall of the nearest main building or structure on the lot; (d) "Rear Yard" shall mean a yard extending across the full width of a lot between the rear lot line of the lot, or where there is no rear iot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (e) "Rear Yard Depth" shall mean the shortest horizontal dimension of a rear yard of a lot between the rear lot line or, where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (f) "Side Yard" shall mean a yard of a lot extending from the front yard to the rear yard and from the side lot line to the nearest wall of the the nearest main building or structure on the lot; 4 (g) (h) "Side Yard Width" shall mean the shortest horizontal dimension of a side yard of a lot between the side lot line and the nearest main wail of the nearest main building or structure on the lot; "Flanka~e Side Yard" shall mean a side yard immediately adjoining a street or abutting on a reserve on the opposite side of which is a street; (i) "Interior Side Yard" shall mean a side yard other than a flankage side yard; PROVISIONS (1) a) Uses Permitted ("S2" and "S3" Zones) No person shall within the lands deaignated "S2" and "S3" on Schedule "I" attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: (i) detached dwelling residential uses b) Zone Requirements ("S2" and "S3" Zones) No person shall within the lands designated "S2" and "S3" on Schedule "I" attached hereto, use any lot or erect, alter or use any building except in accordance with the following provisions: (i) LOT AREA (minimum) A on the lands designated "S2": B on the lands designated "S3": (ii) LOT FRONTAGE (minimum): A on the lands designated "S2": 13.5 metres B on the lands designated "S3": 12.0 metres (iii) FRONT YARD DEPTH (minimum): 4.5 metres (iv) INTERIOR SIDE YARD WIDTH (minimum): A minimum 7.2 metres each side, or B minimum 1.8 metres one aide and no minimum other side. FLANKAGE SIDE YARD WIDTH (minimum): 2.7 metres (v) (vi) (vii) (viii) (ix) REAR YARD DEPTH (minimum): LOT COVERAGE (maximum): BUILDING HEIGHT (maximum): DWELLING UNIT REQUIREMENTS: minimum gross floor area-residential metres. 400 square metres 350 square metres 7.5 metres 38 percent 12 metres maximum one dwelling unit per lot and of 100 square 5 (x) PARKING REQUIREMENTS: minimum one private garage per lot attached to the main building, any vehicular entrance of which shall be located not less than 6.0 metres from the front lot line and not less than 6.0 metres from any side lot line immediately adjoining or abutting a reserve on the opposite side of which is a street. (xi) SPECIAL REGULATIONS: the horizontal distance between buildings on adjacent lots to which this section applies shall not be less than 1.8 metres. (2) (a) Uses Permitted ("S4" Zone) No person shai1 within the lands designated "S4" on Schedule "I" attached hereto, use any lot or erect, alter or use any building or structure for any purpose except the following: (i) detached dweiling residential uses (b) Zone Requ.~rements ("S4" Zone) No person shall within the lands designated "S4" on Schedule "I" attached hereto, use any lot or erect, alter or use any building except in accordance with the following provisions: (i) LOT AREA (minimum): (ii) (iii) (iv) (v) (vi) (vii) (ix) (x) 250 square metres LOT FRONTAGE (minimum): 9 metres FRONT YARD DEPTH (minimum): 4.5 metres INTERIOR SIDE YARD WIDTH: A minimum 1.2 metres one side, 0.6 metres other side, or B no minimum one side so long as on the other side: (I) at least 1.2 metres interior side yard width is provided to the nearest wall of a private garage, and (II) at least 1.8 metres interior side yard width is provided to any other wall of the main dwelling. FLANKAGE SIDE YARD WIDTH (minimum): 2.7 metres REAR YARD DEPTH (minimum): 7.5 metres LOT COVERAGE (maximum): 38 percent DWELLING UNIT REQUIREMENTS: maximum one dwelling unit per lot and minimum gross floor area-residential of 100 square metres PARKING REQUIREMENTS: minimum one private garage per lot attached to the main building, any vehicular entrance of which shall be located not less than 6.0 metres from the front lot line and not less than 6.0 metres from any side lot line immediately adjoining or abutting on a reserve on the opposite side of which is a street (xi) SPECIAL REGULATIONS: buildings on adjacent lots metres. (3) Uses Permitted ("NP" Zone) shall the horizontal distance between be not less than 1.2 No person shall within the lands designated "NP" "I" attached hereto, use any lot or erect, alter any building or structure for any purpose except: (i) (4) (a) on Schedule or use neighbourhood park Uses Permitted ("M1-4" Zone) No person shall within the lands designated "M1-4" on Schedule "I" attached hereto, use any lot or erect, alter or use any building or structure (i) dry cleaning establishment (ii) food preparation plant (iii) light manufacturing plant (vi) scientific, research or medical laboratory for any purpose except: (v) warehouse (b) Zone Requirements ("M1-4" Zone) No person shall within the lands designated "M1-4" on Schedule "I" attached hereto, use any lot or erect, alter in accordance 0.15 hectares 30 metres 7.5 metres or use any building or structure except with the following provisions: (i) LOT AREA (minimum): (ii) LOT FRONTAGE (minimum): (iii) FRONT YARD DEPTH (minimum): (iv) INTERIOR SIDE YARD WIDTH (minimum): 4.5 metres (v) FLANKAGE SIDE YARD WIDTH (minimum): 12 metres (vi) REAR YARD DEPTH (minimum): 12 metres (vii) LOT COVERAGE (maximum): 50 percent (viii) BUILDING HEIGHT (maximum): 12 metres (ix) OPEN STORAGE: no open storage shall be permitted in any yard. 6. BY-LAW 3036 By-law 3036, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule "I" attac? hereto· Definitions and subject matters not specifically dealt with in this By-law shall be governed by the relevant provisior of By-law 3036, as amended. 2. By-law 1298/81 is hereby repealed. 7 ENFORCEMENT (1) Any person who contravenes any of the provisions of this By-law is guilty of an offence and on conviction is liable, (a) on a first conviction to a fine of not more than $20,000; and (b) on a subsequent conviction to a fine of not more than $10,000 for each day or part thereof upon which the contravention has continued after the day on which he was first convicted. (2) Where a corporation is convicted under subsection (1), the maximum penalty that may be imposed is, (a) on a first conviction a fine of not more than $50,000; and on a subsequent conviction a fine of not more than $25,000 for each day or part thereof upon which the contravention has been continued after the day on which the corporation was first convicted. and not as provided in subsection (1). (3) Where a conviction is entered under subsection (1), in addition to any other remedy or penalty by law, the court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted. 8. EFFECTIVE DATE This By-law shall take effect from the subject to the approval of the Ontario required. day of passing hereof Municipal Board, if READ A FIRST AND SECOND TIME THIS 6th DAY OF JANUARY , 1986. READ A THIRD TIME AND PASSED THIS 6th DAY OF JANUARY , 1986. ~CLE~K -~- I I I [~. ,4 I / I SCHEDULE "I" TO ~-LAW 2118/85 Page 4OR- 6Z~4 40R - 8365 SCHEDULE "I" TO BY-LAW ,2118/85 PASSED THIS 6th D~Y OF January ~ ng) ~ ~ I~ge 2 of 2